The Delhi High Court issued a temporary injunction prohibiting the multi-cuisine restaurant chain Wow Punjabi from utilizing a mark resembling that of the fast-food restaurant company Wow! Momo. Justice Anish Dayal expressed satisfaction that Wow! Momo had made out a prima facie case for grant of ex-parte injunction until the next date of hearing.
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NEW DELHI: The Delhi High Court issued a temporary injunction against the restaurant chain Wow Punjabi, over allegations of trademark infringement brought forth by the fast-food company Wow! Momo.
This decision came after Justice Anish Dayal reviewed the case, where Wow! Momo argued that Wow Punjabi’s use of a similar trademark was infringing on its established brand identity.
Justice Dayal, in his judgment, acknowledged that Wow! Momo had successfully presented a “prima facie case” justifying the need for an ex parte injunction, which is to remain in effect until the subsequent hearing. He articulated the rationale behind his decision, stating,
“Balance of convenience lies in favour of plaintiff and plaintiff is likely to suffer irreparable harm in case the injunction, as prayed for, is not granted.”
This statement underlines the court’s inclination to protect the plaintiff’s interests pending a thorough examination of the case.
The lawsuit initiated by Wow! Momo seeks a permanent injunction against Wow Punjabi, aiming to prevent any further infringement of trademark, alongside allegations of passing off, unfair trade practices, and demands for both an account of profits and compensatory damages. In presenting its case, Wow! Momo informed the court of its history and market presence, noting that it had coined and adopted the ‘Wow’/’Wow!Momo’ trademark in 2008, specifically for its operations within the food industry.
The company highlighted its extensive growth, citing over 600 outlets spread across more than 30 cities and a brand valuation reaching approximately Rs 1,225 crores by 2021, with a growth rate exceeding 60% in the following year.
Additionally, Wow! Momo presented evidence of its registered trademarks featuring the ‘Wow’ nomenclature and the acquisition of the domain name ‘www.wowmomo.com’ in 2013, further asserting its rights over the brand identity. The court’s decision to grant the injunction also took into account the defendant’s lack of response to both a cease and desist notice and a subsequent legal notice issued by Wow! Momo.
In concluding that Wow! Momo had established a prima facie case based on the comparative analysis of the trademarks in question, the Delhi High Court has now directed Wow Punjabi to cease using, advertising, or dealing in any goods or services under the contested trademark, pending further legal proceedings.
This legal encounter underscores the critical importance of trademark protection and the judiciary’s role in arbitrating disputes over intellectual property rights within the competitive landscape of India’s food industry.
CASE TITLE:
Wow Momo Foods Pvt Ltd v Wow Punjabi
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